K.S. Gopalakrishna v. M. Babu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2026

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI Review Application Nos.20 and 21 of 2026 and CMP Nos.873 and 884 of 2026 K.S.Gopalakrishna ... Petitioner in both the Review Applications Vs.

1.M.Babu 2.B.Manjula .... Respondents in both the Review Applications Prayer: Review Applications filed under Order 47 Rules 1 and 2 of Civil Procedure Code read with Section 114 of Civil Procedure Code against the order passed in CRP (PD)Nos.3599 and 3600 of 2025 dated 25.08.2025. For Petitioner : Mr.T.Easwara Dhas For Respondents : Mr.N.Premkumar COMMON ORDER By order dated 25.08.2025, I had disposed of CRP Nos.3599 and 1/6

3600 of 2025 directing the Subordinate Judge, Alandur to dispose of O.S.Nos.174 and 182 of 2023 on or before 31.01.2026. The said order is now sought to be reviewed by the respondent in the revision petitions, who has been admittedly not heard in view of the limited prayer sought for in the above mentioned revision petitions.

2. Learned counsel for the petitioner would bring to my notice that a third suit is pending between the parties in O.S.No.404 of 2024 before the District Court, Chenglepet and in order to club all three suits together, Tr.O.P.No.265 of 2025 has also been filed and the same is pending before the Principal District Court, Chenglepet. Learned counsel for the petitioner would therefore state that unless the three suits are decided together, by way of joint trial, it will only lead to confusion and conflicting orders with parties being left in limbo. He would therefore pray for the order directing the suits to be disposed of by 31.01.2026 being recalled.

3. Per contra, learned counsel for the respondents would submit that insofar as the suit filed in O.S.No.404 of 202, an application has been filed under Order VII Rule 11 of Civil Procedure Code for rejection of 2/6

plaint and the same is pending before the District Court, Chenglepet. He would further state that the other two suits which have been filed by the respondents/revision petitioners are in an advanced part-heard stage viz., evidence of defendants being recorded and therefore the 3rd suit which is only a counter blast filed to the two suits need not be clubbed together. He would therefore pray for the order in the revisions being sustained.

4. I find that the suits filed by the respondents/revision petitioners are in September 2023 and the suit in O.S No.404 of 2024 has been filed by the revision petitioners in June 2024. Admittedly the respondents/revision petitioners are party defendants in O.S.No.404 of 2024 and the subject matter touches the very same property as well.

5. Though it is contended by the learned counsel for the respondents/revision petitioners that the suit is directed against the first defendant, who is not a party to the two suits filed by the respondents/revision petitioners, I am unable to countenance the said submissions.

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6. In view of the relief sought for in O.S.No.404 of 2024 viz., recovery of money from the respondents as well and also for an injunction to restrain the respondents from disturbing the possession of the petitioner till the amounts due and payable to the petitioner stands fully settled and considering the fact that the present petitioner in the review applications has already moved the Principal District Court, Chenglepet seeking transfer of two suits viz., OS No.174 of 2023 and 182 of 2023 to the file of Principal District Court, Chenglepet to be taken up along with O.S.No.404 of 2024 and the learned Principal District Judge is seized of the matter in Tr.O.P.Nos.265 of 2025 and 266 of 2025, I am inclined to modify the order passed by this Court on 25.08.2025 disposing of the revisions in the manner following:-

7. It is brought to my notice that the Principal District Court is now deciding Tr.O.P Nos.265 and 266 of 2025 which are filed by the Review Applicant to transfer both the suits filed by the respondents/revision petitioners to be tried along with O.S.No.404 of 2024 which is already pending before the District Court, Chenglepet. 4/6

8. In the light of the above, it is open to the learned District Judge, Chenglepet to take a call as to whether the three suits have to be decided together or not and Tr.O.P.Nos 265 and 266 of 2025 shall be decided after giving an opportunity to both the parties, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Subject to such final orders being passed in the transfer OPs, in the event of transfer OPs being allowed, then, the learned Principal District Judge, Chenglpet shall take up all the three suits by way of joint trial and dispose of the same expeditiously and dispose of the same on or before 30.06.2026. In the event of learned Principal District Judge dismissing the Tr.OPs, the learned Subordinate Judge, Alandur shall dispose of both the suits on merits and in accordance with law within a period of eight weeks thereafter.

9. With the above direction, both the review applications are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 19.01.2026 sr Index:yes/no Internet:yes/no Speaking Order/Non-Speaking Order 5/6

P.B.BALAJI.,J sr To

1. The Principal District Judge, Chenglpet

2. The Subordinate Judge, Alandur Review Application Nos.20 and 21 of 2026 19.01.2026 6/6